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ARTICLE · 04 DECEMBER 2015

Third Circuit Rules That "Predominant Benefit" Test Determines FLSA Meal Period Compensability

Duane Morris LLP
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Under the FLSA regulations (which are not legally binding but highly-persuasive guidance), rest periods of five minutes to about twenty minutes "must be counted as hours worked."

United StatesEmployment and HR
Duane Morris
Duane Morris
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On November 24, 2015, the Court of Appeals for the Third Circuit ruled in Babcock v. Butler County, that a meal period is not compensable under the Fair Labor Standards Act ("FLSA") when the "predominant benefit" of the mealtime belongs to the employee. The decision announces the standard for determining whether a union or non-union employee of a private or public employer in the Third Circuit (which includes Pennsylvania, New Jersey, Delaware, and the Virgin Islands) is entitled to compensation during a meal period.

Legal Background And Facts

Under the FLSA regulations (which are not legally binding but highly-persuasive guidance), rest periods of five minutes to about twenty minutes "must be counted as hours worked." On the other hand, "bona fide meal periods" of thirty minutes or more are ordinarily "not worktime" although shorter periods may qualify as unpaid meal periods under special circumstances. See 29 C.F.R. § 785.18; id. § 785.19.* Against this

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